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(영문) 창원지방법원 진주지원 2016.06.01 2016고단214
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person without a certain occupation and has a friendship in society with the victim B and frequently used a restaurant operated by the victim C.

1. On January 30, 2016, the Defendant interfered with his duties: (a) “C cafeteria” operated by the Victim C in Jinju-si around 19:50 on January 30, 201 by the Victim C.

The victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, thereby obstructing the victim’s restaurant business by force.

2. In relation to the acts referred to in the above paragraph 1 at the same time and at a place as above, the Defendant suffered an injury to the victim by using a knife ( approximately 35cm in length, approximately 24cm in length, approximately 14cm in knife, and No. 1), which is a dangerous object in the kitchen of the restaurant, on the ground that she met, “I will do so, but I will do so.” The Defendant inflicted an injury on the victim’s knife at an open upper part that requires treatment for about 14 days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Copies of the results of entrustment of expert examination and treatment records;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 of the Criminal Act (the point of interference with business and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation has the record of having been punished several times for the same kind of crime, and the defendant committed each of the crimes of this case at the same time, using a knife, which is a dangerous object, and the nature of each of the crimes of this case is not very good.

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